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IBE ORKATER v. CHIEF GODWIN EKPO & ORS

(2014) JELR 36434 (CA)

Court of Appeal  •  CA/C/130/2012  •  10 Jun 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents as Applicants in the Court below brought an action under the Fundamental Rights Procedure Rules, against the Appellant as 2nd Respondent.

The 1st and 2nd Respondent prayed for the following reliefs:

"(a) A declaration that the arrest and detention and/or threat at arresting and detaining the Applicants by the Respondents amount to violation or breach of the Applicants' Fundamental Rights to wit: right to dignity of human person, right to personal liberty, right to fair hearing, right to freedom of movement as guaranteed in Section 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria.

(b) An order for the Respondents to pay jointly and severally the sum of Five Million Naira (N5,000,000.00) as damage or compensation to the Applicants for breach of or "threat to the Applicants' Fundamental Rights.

(c) An order of mandatory injunction restraining the Respondents from harassing, a…

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